ASF17 v Commonwealth of Australia [2024] HCA 19 (10 May 2024) Intro:- This is an appeal from the Federal Court of Australia Facts:- The appellant, ASF17, is a citizen of Iran. He arrived in Australia as an unlawful non-citizen at the age of 27 in 2013. Except for a short period during which he held a bridging visa between 2013 and 2014, he has been held in immigration detention continuously since his arrival. While in immigration detention, ASF17 in 2015 made an application for a Safe Haven Enterprise Visa ("SHEV"). The application was refused by a delegate of the Minister for Immigration and Border Protection in 2017. An application for judicial review of the decision of the delegate was di

Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 (17 April 2024) Intro:- This is an appeal from the Full Court of the Federal Court of Australia Facts:- Mr Miller is a Fijian national whose Resident Return (Subclass 155) visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) ("the Migration Act"). A delegate of the Minister for Immigration, Citizenship and Multicultural Affairs ("the Minister") decided under s 501CA(4) of the Migration Act not to revoke that original decision on the basis that the delegate was not satisfied in terms of s 501CA(4)(b)(ii) that there was "another reason why the original decision should be revoked". ... Calculati

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) Intro:- This is an appeal from the Full Court of the Federal Court of Australia. Facts:- The respondent is a citizen of the United States of America whose visa was mandatorily cancelled ("the cancellation decision") in 2019 pursuant to s 501(3A) of the Migration Act 1958 (Cth) ("the Act") because the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs ("the Minister") was satisfied that the respondent did not pass the "character test" as defined in s 501(6) of the Act. Consequentially, the respondent made representations to the Minister seeking revocation of t

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) Intro:- This is an appeal from the Full Federal Court of Australia Facts:- The appellant is a Vietnamese national. He arrived in Australia in 1997 and, in 2008, was granted a Class BS Subclass 801 (Spouse) visa. Between November 2011 and August 2017, he was convicted of various offences on three separate occasions, twice in the County Court of Victoria and once in the Magistrates' Court of Victoria, including offences of conspiring to import or export a marketable quantity of a border controlled drug or plant, attempting to possess a marketable quantity of a border controlle

Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6 (6 March 2024) Intro:- The plaintiff commenced proceedings in the High Court's original jurisdiction seeking certiorari to quash the delegate's decision to cancel the plaintiff's visa under s 501(2) of the Migration Act, 1958 (Cth). Facts:- The plaintiff was born in July 1983. He is a citizen of Fiji. He arrived in Australia with his parents and siblings in January 1988. In November 1999, he was granted a Class BF 154 Transitional (Permanent) visa permitting him to remain in Australia permanently. From 1996 until 2001, the plaintiff either pleaded guilty to, or was found guilty by the Children's Court o

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10 (13 March 2024) Intro:- This is an appeal from the Supreme Court of Victoria. Facts:- Between 2019 and 2021, IBAC conducted an investigation into allegations of unauthorised access to, and disclosure of, internal email accounts of a "public body" within the meaning of s 6(1) of the IBAC Act. The second appellant, CD, is a registered organisation under the Fair Work (Registered Organisations) Act 2009 (Cth). The first appellant, AB, is a senior officer of CD and an employee of the public body. During the investigation, AB gave evidence to IBAC in a private examination. On 6 December 2021, IBAC provided AB with

Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 (7 February 2024) Intro:- This matter, brought in the original jurisdiction of the Court, involves the construction, validity, and operation of parts of Direction No 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA ("Direction 90"), which is a direction made under s 499(1) of the Migration Act 1958 (Cth) ("the Act"). Facts:- The plaintiff was born in Lebanon and holds a travel document for Palestinian refugees issued by the Republic of Lebanon. The plaintiff came to Australia on a Student (Higher Education Sector) (Subclass 573) vi

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 (28 November 2023) Intro: This is an appeal from the Full Court of the Federal Court of Australia. Facts: The plaintiff is a stateless Rohingya Muslim. He arrived in Australia by boat in 2012 and was taken into immigration detention on arrival under s 189 of the Migration Act 1958 (Cth) ("the Migration Act"). He was granted a bridging visa in 2014. In 2016, the plaintiff pleaded guilty in the District Court of New South Wales to a sexual offence against a child. He was sentenced to imprisonment for five years with a non‑parole period of three years and four months. Upon his release from criminal custody on p

Benbrika v Minister for Home Affairs [2023] HCA 33 (1 November 2023) Intro:- This is a proceeding commenced in the Federal Court of Australia under Section 39B Judiciary Act 1903 (Cth) and removed into the High Court by order under Section 40 of that Act. Facts:- The applicant, Mr Benbrika, was born in 1960 in Algeria. He was and remains an Algerian citizen. In 2008, following a trial by jury in the Supreme Court of Victoria, Mr Benbrika was convicted of three offences under Pt 5.3 of the Criminal Code (Cth. He was sentenced to terms of imprisonment of seven years for the first offence, 15 years for the second offence and five years for the third offence. The Court of Appeal of the Supreme C

Young v Chief Executive Officer (Housing) [2023] HCA 31 (1 November 2023) Intro:- This is an appeal from the Supreme Court of the Northern Territory Facts:- Ms Young was the tenant of residential premises at Ltyentye Apurte, also known as Santa Teresa, an Aboriginal community approximately 85 kilometres from Alice Springs. The Chief Executive Officer (Housing) ("the CEO"), a corporation sole established under the Housing Act 1982 (NT), was the landlord. For 68 months, the premises had no back door in the doorframe. Ms Young applied to the Tribunal for an order under s 122(1) of the Act that the CEO compensate her for loss or damage she claimed to have suffered because of non-compliance by th

This case, Shepherd v The State of South Australia [2024] SAET 2, involves an employee, Mr. Daniel Shepherd, who sought a review of a decision to reject his compensation claim for pericarditis which he claimed was caused by having a third dose of the COVID-19 vaccine. The respondent, the State of South Australia, admitted that the vaccine caused pericarditis but argued that the injection did not arise from employment but from a lawful State Government vaccination directive. The respondent also contended that any liability for any injury is excluded by legislation. The case was heard in the South Australian Employment Tribunal.FACTSThe case in question is Shepherd v The State of South Austral

AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 26 (6 September 2023) Intro:- This is an appeal from the Full Court of the Federal Court of Australia. Facts:- The underlying facts "reveal an extraordinarily long deprivation of the [appellant's] liberty by way of executive detention". The appellant, a citizen of Iran, arrived in Australia by boat in July 2013 and has been in immigration detention ever since, his protection visa application having been finally refused in February 2021 Following the final determination of his visa application in February 2021, the appellant commenced proceedings in the Federal Court of Australia against the M